Drug Possession, Resisting Arrest – Diversion

AmphetaminesThis is a case of Drug Possession and Resisting Arrest resulting in a diversion.

Our client was charged with possessing a drug of dependence and resisting arrest. The circumstances surrounding the offending were that the police intercepted our client who was travelling in a car with friends. While he was being searched, the police located a small amount of amphetamines, some deal bags and some diazapam.

During the search, our client ran from the police who caught up with him. There was a struggle between our client and two officers but eventually he was apprehended and taken to the police station for interview. Once at the station, our client was cooperative and admitted to possessing the drugs.

We represented the client at the Moorabbin Justice Centre. The charges were:

Ultimately, we were able to secure a diversion for our client which means that he will have no criminal record for this incident.

The diversion program is designed for low level and first-time offenders. To be eligible, the accused needs to accept responsibility for the offending; but there is no formal finding of guilty. Diversion is a two-step process. First, the police must agree to provide a diversion notice. Second, a magistrate must agree that diversion is appropriate and place the accused on a diversion plan. This plan places certain obligations on the accused person such as writing a letter of apology or making a donation to a charity. Once these are completed, the charges will be formally struck out and no criminal record will be recorded.

Our client was 19 years of age and had no criminal history. These factors, combined with the relatively low level nature of the offending (Drug Possession and Resisting Arrest), make diversion a suitable sentence for the case.

We worked with the client to obtain a bundle of very positive references from family and friends. Our client was lucky to enjoy the support of a close family who were able to prepare insightful and considered letters.

Further, we advised our client to seek out some assistance through a drug and alcohol treatment provider which he did. He had a history of social drug use and it was important to demonstrate that he was committed to moving away from that lifestyle. We were able to obtain a written material from the provider which confirms his engagement and this proved to be persuasive at court.

We made a written application to the police informant for consideration for diversion. This was refused because the sergeant at the station did not agree to the informant providing a notice. We then attended at court to conduct a summary case conference with police prosecutors where we raised the matter of diversion again. We urged the police to reconsider the matter and we were ultimately able to persuade them to provide a diversion notice.

The matter was considered by the Magistrate who finally agreed to place our client charged with Drug Possession and Resisting Arrest on a diversion plan.

This is a great news for our client. He is at the very beginning of his working and travelling life and was facing the prospect of curtailed employment opportunities because of a criminal record. He is now able to move on and enjoy a fresh start.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 29/06/2017